HOUSE BILL 56
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Georgene Louis and Elizabeth "Liz Thomson
AN ACT
RELATING TO HUMAN TRAFFICKING; REVISING DEFINITIONS USED IN THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT; EXPANDING THE DEFINITION OF "SEX OFFENDER"; EXPANDING CONVICTIONS THAT ARE CONSIDERED SEX OFFENSES REQUIRING REGISTRATION UNDER THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT; PROVIDING NO STATUTE OF LIMITATIONS FOR THE CRIME OF HUMAN TRAFFICKING; INCREASING THE AGE OF A CHILD FOR THE CRIME OF SEXUAL EXPLOITATION OF CHILDREN BY PROSTITUTION; AMENDING THE CRIME OF HUMAN TRAFFICKING; PROVIDING MANDATORY RESTITUTION; PROVIDING FOR FORFEITURE; EXPANDING THE DEFINITION OF "CRIMINAL OFFENSE" IN THE VICTIMS OF CRIME ACT; EXPANDING THE DEFINITION OF "SERIOUS VIOLENT OFFENSE" IN SECTION 33-2-34 NMSA 1978 (BEING LAWS 1999, CHAPTER 238, SECTION 1, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 29-11A-3 NMSA 1978 (being Laws 1995, Chapter 106, Section 3, as amended) is amended to read:
"29-11A-3. DEFINITIONS.--As used in the Sex Offender Registration and Notification Act:
A. "business day" means a day that is not a Saturday, a Sunday or a state holiday;
B. "conviction" means a conviction in any [court of competent] jurisdiction resulting in a sanction, regardless of whether adjudication is withheld. A sanction includes a fine, probation, community control, parole, conditional release, control release or incarceration and includes a deferred sentence [but does not include a conditional discharge];
C. "department" means the department of public safety;
[D. "institution of higher education" means a:
(1) private or public post-secondary educational institution;
(2) trade school; or
(3) professional school;
E.] D. "habitually lives" means any place where a sex offender lives for at least thirty days in any three-hundred-sixty-five-day period;
E. "institution of higher education" means a:
(1) private or public post-secondary educational institution;
(2) trade school; or
(3) professional school;
F. "jurisdiction" means:
(1) a state of the United States;
(2) the United States and its territories;
(3) a military tribunal convened by the military of the United States;
(4) the District of Columbia; or
(5) a tribal government;
[F.] G. "out-of-state registrant" means any person who establishes a residence in New Mexico while the person is required to register as a sex offender in another state or territory;
[G.] H. "registration requirement" means any requirement set forth in Section 29-11A-4 NMSA 1978 that requires a sex offender to register; provide information, including a DNA sample; renew, revise or change registration information; or provide written notice or disclosure regarding the sex offender's status as a sex offender;
[H.] I. "sex offender" means a person who:
(1) is a resident of New Mexico who is convicted of a sex offense [pursuant to state, federal, tribal or military law];
(2) changes residence to New Mexico, when that person has been convicted of a sex offense [pursuant to state, federal, tribal or military law];
(3) does not have an established residence in New Mexico, but owns a residential property in New Mexico, lives in a shelter, halfway house or transitional living facility or stays in multiple locations in New Mexico and who has been convicted of a sex offense [pursuant to state, federal, tribal or military law]; or
(4) is a resident of another state and who has been convicted of a sex offense pursuant to state, federal, tribal or military law, but who is:
(a) employed full time or part time in New Mexico for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, including any employment or vocation, whether financially compensated, volunteered or for the purpose of government or educational benefit; or
(b) enrolled on a full-time or part-time basis in a private or public school or an institution of higher education in New Mexico;
[I.] J. "sex offense" means any of the following offenses or their equivalents in any other jurisdiction:
(1) aggravated criminal sexual penetration or criminal sexual penetration in the first, second, third or fourth degree, as provided in Section 30-9-11 NMSA 1978;
(2) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978;
(3) criminal sexual contact of a minor in the second, third or fourth degree, as provided in Section 30-9-13 NMSA 1978;
(4) sexual exploitation of children, as provided in Section 30-6A-3 NMSA 1978;
(5) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978;
(6) kidnapping, as provided in Section 30-4-1 NMSA 1978, when committed with the intent to inflict a sexual offense;
(7) false imprisonment, as provided in Section 30-4-3 NMSA 1978, when committed with the intent to inflict a sexual offense;
(8) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978;
(9) enticement of child, as provided in Section 30-9-1 NMSA 1978;
(10) incest, as provided in Section 30-10-3 NMSA 1978, when the victim is younger than eighteen years of age;
(11) child solicitation by electronic communication device, as provided in Section 30-37-3.2 NMSA 1978, for convictions occurring on or after July 1, 2013;
(12) solicitation to commit criminal sexual contact of a minor in the second, third or fourth degree, as provided in Sections 30-9-13 and 30-28-3 NMSA 1978;
(13) human trafficking for commercial sexual activity, as provided in Section 30-52-1 NMSA 1978; [or
(13)] (14) attempt to commit any of the sex offenses set forth in Paragraphs (1) through [(11)] (13) of this subsection, as provided in Section 30-28-1 NMSA 1978; or
(15) any conviction entered by a court of a jurisdiction outside of the state and requiring the individual to register as a sex offender in that jurisdiction; and
[J.] K. "social networking site" means an internet [web site] website that facilitates online social interaction by offering a mechanism for communication with other users, where such users are likely to include a substantial number of minors under the age of sixteen, and allowing users, through the creation of web pages, profiles or other means, to provide information about themselves that is available to the public or to other users."
SECTION 2. Section 29-11A-5 NMSA 1978 (being Laws 1995, Chapter 106, Section 5, as amended by Laws 2007, Chapter 68, Section 2 and by Laws 2007, Chapter 69, Section 6) is amended to read:
"29-11A-5. LOCAL REGISTRY--CENTRAL REGISTRY--ADMINISTRATION BY DEPARTMENT OF PUBLIC SAFETY--PARTICIPATION IN THE NATIONAL SEX OFFENDER REGISTRY--RULES.--
A. A county sheriff shall maintain a local registry of sex offenders in the sheriff's jurisdiction required to register pursuant to the provisions of the Sex Offender Registration and Notification Act.
B. The county sheriff shall forward:
(1) registration information obtained from sex offenders to the department [of public safety]. The initial registration information and any new registration information subsequently obtained from a sex offender shall be forwarded by the county sheriff no later than ten working days after the information is obtained from a sex offender. If the department [of public safety] receives information regarding a sex offender from a governmental entity other than a county sheriff, the department shall send that information to the sheriff for the county in which the sex offender resides; and
(2) samples of DNA obtained from sex offenders to the administrative center for the sex offender DNA identification system pursuant to the provisions of the DNA Identification Act.
C. The department [of public safety] shall maintain a central registry of sex offenders required to register pursuant to the provisions of the Sex Offender Registration and Notification Act. The department shall participate in the national sex offender registry administered by the United States department of justice. The department shall send conviction information and fingerprints for all sex offenders registered in New Mexico to the national sex offender registry administered by the United States department of justice and to the federal bureau of investigation.
D. The department [of public safety] shall retain registration information regarding a sex offender convicted for any of the following sex offenses for the entirety of the sex offender's natural life:
(1) aggravated criminal sexual penetration or criminal sexual penetration in the first, second or third degree, as provided in Section 30-9-11 NMSA 1978;
(2) criminal sexual contact of a minor in the second, third or fourth degree, as provided in Section
30-9-13 NMSA 1978;
(3) sexual exploitation of children, as provided in Section 30-6A-3 NMSA 1978;
(4) kidnapping, as provided in Section
30-4-1 NMSA 1978, when the victim is less than eighteen years of age and the offender is not a parent of the victim;
(5) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978; [or]
(6) human trafficking for commercial sexual activity, as provided in Section 30-52-1 NMSA 1978;
(7) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978; or
[(6)] (8) attempt to commit any of the sex offenses set forth in Paragraphs (1) through [(5)] (7) of this subsection, as provided in Section 30-28-1 NMSA 1978.
E. The department [of public safety] shall retain registration information regarding a sex offender convicted for the following offenses for a period of ten years following the sex offender's conviction, release from prison or release from probation or parole, whichever occurs later: